HomeMy WebLinkAboutC2008-101 - 2/26/2008 - Approved t
DEV~LPN~~NT A~~~1V~~NT
STATE TEA
~uu~~~~Y [l~' i~EES
' ment A Bement A eernent is made and entered into by and between the its of
This Develop r ~ ~
Christi Texas fit a Texas home rule municipality, and Billy '~V. Sanders and Rabble
corpus ~ ~ ,
Develo er 1337 fount Road l8~ corpus hr~sti, Texas 78415, herelr~after
handers { p ~ ,
tivel referred to as the "Parties", u on the premise and for the purposes set out herein,
collet ~ ~
and is effective as stated in this Agreement,
INTR~DUTI~N
A. Develo er is the holder and developer of certain interests in real property in Nueces Jaunty,
~ F
Texas which real ro erty {London flub Estates} is further described and depicted on
P p
Exhibit ~ attached hereto and made a part hereof Landon flub Estates is heated autstde the
city lirr~its of the pity, but ~lth~n the lty's extraterritorial jurisdiction,
. The Develo er intends to devela London flub Estates as a residential deve~oprnent project
B p p
~Pro~ ect}
The fit believes that develo went of London lib Estates contributes to the economic
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~ ~;i;~pn~ent of the pity by providing new housing and employment.
The Parties desire to mark together i~] gDOd faith to provide public and private irnpraverr~ents
servin the eneral area of the Project for the benefit of the citizens of the pity and
g
surraun Ong areas.
NQ TH~~F~~~ for the mutual assurances set forth herein and goad and valuable
consideration, the receipt and cuff ciency of v~hich are hereby mutually ackna~vledged, the
Parties agree as falla~vs:
,ART~LE Y
IT'S REP~I~~B~LITI~
Section 1.1, anstruction Plans. The pity agrees to allow the Developer, at the Developer's
ex erase, to design and build the 1 ~-inch P~ ~V~ter arterial transrr~tsion ar~d grid
,
main for Landon flub Estates in accordance with construct~an plans and
s ecifctians approved by the pity, provided that the 1 ~-inch PAC water arterial
p
transrnissian and grid main shall be engineered, designed, and constructed to
avoid the need to flush the main to maintain v~ater quality, The Parties agree that
the approved construction plans and ~peci#`icat~ans may be changed and adjusted
b mutual consent and as set Earth hereinafter, or as directed by the City Engineer
~~~~r~~~
~~1 ~~I
handers, Billy . & i~abbie
i
' itions in order to meet city code
t the fans to actual site coed
as necessary to ad~us ~ '
' ineerit~ construction standards.
requ~rerr~ents and eng ~
` fund an of the various infrastructure
undin + The City has no abllat~ons to ~
ecttan 1,2 ~ ~ t, The fit shall collect frarr~
e f,andon Club Estates developmen ~
costs for th re~~nbursernent based on
ho connect to paid water line a pro rata
persons
capacity used; • i acit
' ent ~ Cost of addrt~anal cap y~
Pro Rata Re1rrYbursem ~ , .
new develo rr~ent I Total add~t~onal
Total demand created bar P
~ ~ ela rnent
' ' 'all ravided by previous dev p ~
capacity origin Y p
w ere em installed by
f additional ca achy ~ Total cast of s~st
Cost o p ~ ~ stern re ulred
' ina~ develo er} ~ ~Estin~ated Cost of intmurn sy q
arig p ,
' ' elo vent 1 ~-inch ltne~, as approved by
to service only original deer p ~
City Engineer}
' rata reirribursetnent collected to Developer
B, The C~t~ agrees to pay the pro
' such reimbursement from persons who
within sixt ~~0~ days of receipt of
connect to said water line,
' hat it will not unreasonably withhold, delay, ar appose
ectian ].3~ Perrnit~~ The City agrees t from the
r a royals the Developer nay need ar desire
...avers, permits o pp ,
r
F ent of Trans 4rtation, Texas Carrzrniss~on on
Cit~r, the Texas Departn~ p .
' Tatar authorit In order to develop tl~e
Environmental ual~ty, or any other regu ~ Y ,
Cit a ees to ~vaave the follow1ng development
Pro ect in accordance herewrth~ y
~ a e fees far u~ater and wastev~ater, pro
fees with regard to this projects latlacre g ,
exce t the ro rata fees required hereinf This
rata fees for water and wastewater, p P .
' lode an develo rr~ent fees heretofore paid by ar
waiver shall not extend to ar Inc Y p
' fees• water ~rastewater ar gas tap fees and
ari behalf of Developer, plat recording
' nstruction fees; Qr the half,~treet deferment for
surcharge fees, bu~ld~ng or o
County Road Z6,
' acce t ow~]erSh~ of and to operate the l b~lnch
section 1,4. ~wnershi ~ The Ctty agrees to p p ,
' ' nd id main u on construction of the l -inch
PVC water arterial transm~ssian a gr p ,
' nd 'd main in accordance with the approved
PVC water a~ter~al transrriissian a g~ . I
' ations therefore, acceptance of the said 1 ~-inch water arterla
plans and specific
' ~ ' the Cit En ineer, and Developer prav~din
transn~iss~an and grid main by g
' ee in the farm of cash, cash equivalents, bonds, Letter
developer s financial guarani }
ial instruments acce table to the city. Said developer s
of credit, ar other financ P
' 'll serve as a warranty of the worktnanshtp of and function
fnancial guarantee wa ior~ thereof
~~inch PVC water arterial transmission main aril the construct
a f the ~
t 10°l0 of the total cost of the ~rnpravements for a
In the amount often percen ~ } , , ,
and aver the date of acceptance of the fac111t~es by the
period of one dear from ~ bye
' En inter. Said ~evelo er' Financial guarantee shall be ~n a form accopta
City g p ~ he Cat u on
e Cit Attarne ,and will be assigned and transferred tot p
to th y ~
completion of this pra~ect,
i
t
. 'outside the city limits of the
' co ire and agree that the project
Section 1,5, The parties re es to de~e~a and maintain any
t does not have the reourc ~
pity and that the y all re uirements to
fore natwithstandingony and ~
ark In the develop~nent+ there ~ rid not
~ ~ of ark land is hereby waved a
e cantrar ,the requirement of ded~catlon p ~nd
th Y ication hereby declared null a
An ark shown an any plat or ded
requ1red, y ~ ark dedication requiremer~t~
' e Oit will not seek to enforce any such p
void and th y to ro ert , art of the
shown on an plat is declared privy p p Y ~
Any such park y third art F
it n"~a be transferred by the Developer to any p y
developrncnt and y
AT~~LE I~
I~EVEL~PER' ~~P~NiB~L~T~E
F a ees at the developer's expense, to design
ctian ~,1, Canstruct~on Ptans. the Developer gr
e
' F rial transmission and grid main for London
and build the 1 ~-inch PVC water arse
' traction laps and specif~catians approved
Club estates In accordance with can p
' ' ated to re are and suhrnlt canstruct~on plans
b the City The Developer i~ obl~g p p
Y ~ ` ~ 1 f
or the I G~anch v~ater line and a#her
and 5 cCl~lCatl~riS far review arld apprava .
p the International ~lumbrng Cadc,
infrastructure requirements in accordance with
' • S I of the Co us Christi Code and the City of
as arriended in Section i4 ~
' 'water Distribution stern Standards. The Developer agrees to
Corpus Christi y
' the cost of the installation. Additionally, Developer
provide to qty proof of .
' ' h cOSt estil~]at~5 for the design, COnStru~tl4n, and
agrees to provide the City wit F ,
w ter line and far the roposed I ~~~nch water arterial
installation of a I ~~inch a p
'ion and ' d main to serve Landon Iub estates, such estimates are
trarlsrrliSS g~`i
' o review and a royal by the City. Upar~ carnpletion of the construction,
uh~ect t pP ~
e to rovide the Ctt with the final costs of the I ~ inch P
Developer ogre ~ p Y
' issian and rid main and the adjusted cast estirrlate fora 1 -
water arterial transm ~
inch water line to serve Landon Club estates.
' ~lotwithstandin an rovisioias in the City's ordinances, rules and
Section ~,2~ tom Nance. y p
' e ntrar the Develo er agrees to carriply with all applicable
regulat~or~s to th co y, p ,
` ces rules and re lotions that are in effect as of the date of this
codes, ordinarl ,
r as amended ar su lemented as a result of this Agreement. with
Agreement, o pp
re and to the installation of and connection to the water utilities improverrlents,
f the International
the Developer agrees to comply with ail requirements a
` Cade as arriended in Section 14-~51 of the Corpus Christi Code
Plumbing
the Cit of Ca us Christi water Distribution System Standards for fire flow.
and y ~
Fire thaw shall be calculated based an the ISO classifications as to construction
type aril occupancy type.
ire Safet Re uirerrients. each fire hydrant serving London flub estates shall
Sectian~,3, P
rovide fire flow that meets fire protection tandard~ for they type occupancy
p
rid construction ro osed ursuant to ISO Pere Suppression Rating Schedule as
a pP P
adopted by the Texas Department aflnsurance.
3
er~~ner a eel for itself, its successors,
1 tewater onnect~on~ Develop
~ wct~on ~,4, was ,
s~erees and assigns, as follo~s.
trap y
' ~ 1or1 lot to ity sewer Wlthln l~
ect the ill rovernents on a ~~Ibdivis ,
~.~4,1, to Bonn ~ , ~ stallat~on of wastewater
the of the pity s cornpletlon of the ~n
iron ~ ' lan and ad' anent to such of the
~ rQVerr~ents w~th~n the subdivts J ,
~ ~ F , i uance and roper disabling of the on-site
subdivision lots and the dlscont n ~
wastewater treatment systerri cn each lot;
rther subdivide the lots within the Developrrient;
~,4.~, to not fu
' fees and surcharge fees at the time of
~.~,3, to pay pro-rata sanitary sewer, tap , ,
F water' however, DeveloerlDner ~ l~ab~ltty as to
connection to pity waste o a
ors Develo erlwner's conveyance cf the lot t
each lot shall cease up p . , h
' haler rovided that Developerl~wner conditions eac
third pay pure p h lot is
' uiren~ent that the subsequent owner of eac
conveyance with the red
with Develo erJDwner's obligations hereunder,
bound to cot~ply p
erline reirnburserrient, all terms and conditions of the
ectlon ~,5~ have and except for wat ,
' water stem standards shall apply, unless directly
Platting ~rd~nance, y
contradicted by this Agreement,
lotlacrea a fees Developer will pay tap fees and
ectlan F es~ Developer shall not pay ~ ,
' to waive the following development fees with regard
surcharge fees. qty agrees
' lcrea a fees for water and wastewater, pro rata fees for water
to this project: lot g
exce t the ro rata fees required herein, This waiver shall not
and wastewatex p p f
' e an develo rnent fees heretofore paid by or on behalf o
extend to or includ y p
t recordin fees water, wastewater ar gas tap fees and surcharge
Developer, pla g
' ction fees or the half-street deferment for Jaunty Read
fees, building or constru y
ARTICLE III
T~~, AINE~IT AND AN~~NDNIENT
' terra of this A eerrient will corrrrnence on the Effective Date has
ectian ~,I~ Term, The , .
defined below and continue until cor~plct~on of the terms, condzt1ons, covenants,
~ ,
' of this A reernent, unless terrriinated on an earlier date under
and obligations g .
. ' ns of this A reenaent or by written agreerrient of the qty and the
other pravtsio g
e Effective Date of this ~greerrrent will be the date of felt
Developer, Th
' the Parties, This ~ cement will be binding upon and inure to the
execution by '
benefit of the Parties and their respective successors and assigns,
' meat ~ A reerr~ent. This A eernent nnay be amended as to all ~r part of
section 3 Amend ,
Iub Estates at an tune ~ mutual written consent of the City and
London ~ Y ,
1 er or its successors or errrzitted assigns, Amendments and changes ~n
Deve op p is
construction laps and specifications and to the terms of th
the approved p
d Qn bchal~ of the qty when the
ement ma b~ adrrtintstrat~vely approve ~
Agre ~ urchase and 2~stallat~on of th
not increase the cost of the p .
change does o b more than Twenty
than twentfive percent l~~ or ~
~rnproverr~er~ts by rr~or Y ,
d Dollars ~5,~~~}, whichever less,
fire Thousan ~
' of the Developer may be assigned
si ent, This Agreement and the rights
Section .3. As ondon flub Estates, subject to the
an subse cent owner of all or a part1on of I~
to Y ~ onsent will not he unreasonably
rior written consent of the pity, which c
p ~ in writin will specifically set forth the
withheldF Any asignrrlent will be g~
• ' ations and will be executed by the proposed assignee.
assigned rights and obltg
' ~ ate with each other as reasonable and
ection .4. boo erat1on. The Parties will cooper
ent includin but not limited to
necessar to carry out the intent of this Agreerr~ g
~ asonabl re aired.
the execution of such further documents as may be re ~ q
' land. The Parties agree that this instrument is a
Section 3.~. covenant running with the
n recorded at Develo er s cast and expense, shall be
binding 1n5tI'U.rr1~I~t and ~ ~
a covenant running with the land.
A~R~`iL~ I~
~ELLAN~~ PR~VIY~N
' iven under this A eemer~t must be in writing and may be
Section 4~1. Noti~e~ Any nonce g
' n; i b de ositin it in the United Mates mall, certified, with return receipt
give ~ ~ Y p g , ,
sed to the art to be notified and with all charges prepaid; ~~i~
requested, addres p y
' ' `with Federal E ress or another service guaranteeing "next day
by depositing tt p ,
' "addressed to the art to be notified and with all charges prepaid;
delivery , p Y
Hall deliverin it to the arty, or any agent of the party listed in this
by perso y g ~
nt~ or iv h facsimile with confirming copy sent by one of the other
Agreeme ~ } y
` methods of notice set f crth~ ~ottce by United Mates tna~1 will be
described
effective ~n the earlier of the date of receipt ar three days aver the date of
ailin ,Notice iven in an other rrianner will be effective only when received
nn g g y
es ofnotice the addresses ofthe Parties gill, until changed as provided
For purpos ,
below,be as follows.
fit pity of corpus Christi
Y`
Attn. pity Manager
~~~1 leopard Street
P~ Box 977
corpus Christi 7S4b9~9Z?7
with Required dopy ta. pity of corpus Christi
Attn: pity Attorney
1 X41 I,eapard street
PO Box 9~~7
Corpus Christi T 7849-~~?7
I ~ S ~
,
' .Sanders and Rabble Sanders
Billy
Developer, aunt Road l S
1337 ~
u~ Christi, Texas 784 S
Carp
' aired o to. dal George
with Req PY Lai
Attorney at
Suite 4~7 Neer York Life Building
S3S~ South Staples Street
o us Christi, Texas 7841 l
' e to an other address within the
rtie rna char e their respective addee ~
The Pa ~ , , ' written notice to the
' of America b iving at leapt five ~}days
l~n~ted States ~ ~ a ' v~rritten notice to
vela er rrla , b giving at leapt five ~5} d ~ ,
other party. The De p ~ i ' der this
' c additional artier to receive copies of notices un
the qty, des gnat ~
,agreement,
' ~ o~ this A eenaent is illegal, invalid, or
4,~, Severabllit waiver, if any prov~~on i
Section laws it i the ~ntentian of the Parties that
unenforceable, under present or future .
be affected, and, in lieu of each illegal,
the rernatnder of this Agreement not ,
` vi~loil that ~ rovision be added to this Agreerr~ent
.lid, or unenforceable pro p, 1
rceable and ~ s sl~n~lar in terms to the illega ,
which is legal, valid, and enfo ,
' ion as is ossible. Each of the r~ght~ and obligations
invalid, or enforceable prove p u on
' to are se crate covenants, Any failure by a party to insist p
of the Parties here p . ~ ~ 'll not
' ce b the other arty of any provl~on of this Agreement wz
strict perfort~an y ~ , , ~ ~ ch art
` f such rovis~on ar of any other provision, and su p Y
be deemed a waiver o p all of the
eafter insist u an strict performance of any and
rna~r at any tine then p
provisions of this Agreement,
. ~ The laws of the State of Texas govern the
Section 4~3, A livable La~v and 'Venue , , ,
' ce enforcement and validity of this Agreement, venue
interpretation, perfaran ,
wilt be a ~f a propr~at~ ~urldlct~ari in Nueces bounty, Texas
' recent contains the entire agreement of the Parties
Section 4,4~ Entire Agree~~ This Ag
Cher a reet~ents or rarr~ises, oral or written betv~een the Parties
and there are no a g p
' tier of this A cement. This Agreement can be amended
regarding the subject rria ~
` cnt si ed b the PartiesF This Agreement supersedes all
only by written arcern gn ~
between the Parties concerning the sub~cct matter hereof,
other agrcen~ent
' i onstruction and Gaunte arts, All schedules and exhibits
cction 4,, exhibits ~eadin s ,
' attached to this A cement are Incorporated into and made a part
referred to in ar ~ is
F all u ayes, The section headings contained in tk~
of this Agreerr~ent far p rp .
r convenience onl and do riot enlarge or limit the scope or
Agreerr~ent are fa Y
' ' n , The Parties acknowledge that each of them have been
n~eantng of the sectio ,
involved in the ne otiatian o~ this Agreement. Accordingly,
acttvel~ and equally g ,
i n that an atribi ities are to be resolved against the draping
the rule of construct o y , .
' to ed in rote retie this Agreement ar any exhibits hereto
party will not be e p y g
b
r
' executed in an number of counterparts, each o~ which
This Agreerr~ent t~a~ be Y .
' an on final and all of which will together constitute the
will be deemed to he g ,
an~e instrument This A eernent wi11 beca~o effeeti~re only when one or Mare
s
counterparts bear the signatures of all the Parties.
' far Execution. The fit certif es, represents, and warrants that the
ect~an 4, Author~t ~
c tion of this A een~ent is duI authorized and adapted in conformity with
exe u ~
i ardinancest The Deveio er hereb certifies, represents, and warrants that the
~ ty ~ Y
cation of this A eernent is dal authorized and adopted ~n cor~forrnity with
exe
the articles of incorporation and bylaws or partnership agreement.
Relationshi of Parties. In erforming this Agreement, both the pity and
ect~on 4 P
Develo er will act ~n an individual capacity, and not as agents, representatives,
p The
em to ees errs to ers, partners, joint-venturers, or associates of one anather~
p ~ ~ p Y
ein to ees or a eats of either arty may not be, nor be construed to be, the
p g p
employees ar agents of the other party for any purpose.
ection ~~8. survival of terms All re resentations, warranties, covenants and agreements of
p
the Parties as weld as an rights and benefits of the Parties pertaining to the
transaction concern fated hereb ,will survive the ar~g~nal execution date of this
A ~
agreement
ARTICLE ~
EH~B~T
't`he follawin exhibits are attached to this Agreement, and made part hereof for all purposes
g
Exhibit A Depiction of London ~iub Estates ~
. ,
The undrsi ed Parties have executed this Agreement on the dates indica e e ow. ~~~~~~y
ITS ~RPU I~RITI dilly w. handers and Rabble handers
a Texas t~unici aI co oration 133 bounty Road 1S
P ~
corpus Christi, Texas 7415
By4
Date. Date,
Approved as to form. ° ~ ~ r
~r ~ c~~ ~
By.
!7 ~ //r~
F Date. 'f r
J lnlrl~
~F t S1stallt lty Att~rjley
FOr ~tty AttOrTl
A~~o C.~~?
1
1
~T~T~ ~F T~~A §
,TTY ~F ~U~~
. ~ ~ before me on the _ ~ day o
h1 to trun~ent was ae~no~vledged ,
' na er fit of Corpus ~hr1~t~, Teas for
by George ~ Coe, qty Nia g s Y
d on alf of said t~un~eipal eorporation~
an
Notary Public, State ofTexas
~`4`~f111UiI~,R 1
~ ~ MY ~OMM1ti0C~ ~~PM~~S
~'~1, k
~lj~j~~lQ~iF,~ ~1
f~~!l11 X14
Y~~ ~i i V~
ed before nee on the ~ day of
This znstru~nent gas aelcr~aled
2o~S by Billy , Sanders,
, ~ ~A~~Y AI~~ CA~E~
'r DIY ~DMM~~~~~ E~Pf~~S
, ~ A~~I 3, i
y Pubiie, tare of Texas
STATE TBAS
rnr ~IT~ ~F I~UEES §
' eras acknov~led ed before one on the ~ day of
T~~s, instrument ~
~oOS Robbie Sanders,
ti,,~1~''P+',~~ ,
CA~H1' ANA Ck~£l ~ I
~ ; DIY C~MM~~~~hl ~li~lA~S
' # Apr~E 3, ~t ~
r
~ +~~N
ar}~ ~ubl~c, tote of Te~cas
After recording
Return to
Billy , Sanders and Robbie Sander
1337 vunt~ Road 1 S
onus hriti# Texas 784 ~ 5